BNSS Section 39: Arrest on refusal to give name and residence
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 5: Arrest of Persons
Also available in: हिंदी
¶39. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
¶(2) When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required: Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India.
¶(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
Study: explanations and related material
Replaces CrPC 42. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
This section relies on the classification of offences (cognizable, bailable, triable by) in the BNSS First Schedule. Open the First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 35. When police may arrest without warrant
- 36. Procedure of arrest and duties of officer making arrest
- 37. Designated police officer
- 38. Right of arrested person to meet an advocate of his choice during interrogation
- 40. Arrest by private person and procedure on such arrest
- 41. Arrest by Magistrate
- 42. Protection of members of Armed Forces from arrest
- 43. Arrest how made
- 44. Search of place entered by person sought to be arrested
- 45. Pursuit of offenders into other jurisdictions
- 46. No unnecessary restraint
- 47. Person arrested to be informed of grounds of arrest and of right to bail
- 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49. Search of arrested person
- 50. Power to seize offensive weapons
- 51. Examination of accused by medical practitioner at request of police officer
- 52. Examination of person accused of rape by medical practitioner
- 53. Examination of arrested person by medical officer
- 54. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 56. Health and safety of arrested person
- 57. Person arrested to be taken before Magistrate or officer in charge of police station
- 58. Person arrested not to be detained more than twenty-four hours
- 59. Police to report apprehensions
- 60. Discharge of person apprehended
- 61. Power, on escape, to pursue and retake
- 62. Arrest to be made strictly according to Sanhita